Revolutionary War Pension and Bounty Land Warrant Application File R. 3,589, Thomas Fitzsimmons, Penn.

SERVICE
NUMBER
Penn
Fitzsimmons, Thomas
R 3,589
Fitzsimons
Fitzsimmins
CONTENTS
Susannah

State of New York
Chemung County ss.
John Fitzsimmons of the town of Southport in the county of Chemung and State of New York, being duly sworn deponeth and saith that he was eight  five years of age on the fifteenth day of March last past. That his father and family resided in the year 1773 on a farm in Turbut township, about Eight Miles from Northumberland in the State of Pennsylvania, and continued to reside there until after the close of the Revolutionary War - That during the Revolutionary war, this deponent, and his four brothers, James, William Robert and Thomas, were enrolled, and served as soldiers, for various periods of time - That all his said brothers are now deceased except his elder brother William, who now resides near Muncy in the State of Pennsylvania and is about  five Ninety five years of age and upwards, and his mind and recollection greatly impaired; and is now and has for several years past drawn a pension from the said State of Pennsylvania for his said services - And this deponent further says that he has heard the annexed Affidavit made by Susannah Fitzsimmons, the widow of his deceased brother Thomas Fitzsimmons, read, and has no doubt but all the facts and circumstances therein related are substantially true - That he has known her, ever since the time she has stated she was married, and has no doubt whatever but that she was married as she has stated as she was always reputed, acknowledged by the said Thomas Fitzsimmons & all his friends,

to be his wife - And that she is now his widow and in destitute circumstances -
That the citizens of that section of County were divided into three classes, called Rangers and under the command of Major Robert Smith - Captains John Nelson and Leuten- ant Simon Humrod, scouted, and secured the country to protect the inhabitants from the Indians, during the seasons of 1780. and 1781 , commencing, at the time of Sugar making, early in the spring of each year and continuing such service until late in the fall of each year, and until the snows fell - That his brother Thomas Fitzsimmons was one of the said Rangers during the whole of said seasons of 1780 & 1781, serving towns of three days in every nine - Each class serving three days, in succession and remain- ing at home the following six days, - and he has no doubt that he rendered over six months service in the years 1780 & 1781.
Sworn before me the 11 th day of August 1849 the word Eight in the 4 th line & the word five in the 19 th interlined before Execution.
John his X Fitzsimmons mark
I certify that I am personally acquainted with the above named John Fitzsimmons who is in my opinion a credible & disinterested witness that he makes his mark in consequence of blindness
John W. Wessner Champaign County Judge

State of New York Chemung County ss.
Susannah Fitzsimmons, now a resident of the town of Scio — in the County of Allegany and State of New York, being duly sworn doth depose and say that she was sixty Eight years of age on the seventh day of July — last past; that she is the widow of Thomas Fitzsimmons late of the place aforesaid deceased, and that she was married to the said Thomas Fitzsimmons, at Elmira in the then County of Tioga, (now County of Chemung, at the house of her father, the late Abraham Miller of that town deceased); that the said Marriage took place in the month of June in the year One thousand Seven hundred and Ninety three, and the ceremony was performed by Levens Hammond Esquire then a Magistrate of the said town of Elmira (then Newtown) now deceased — That the only witnesses of the said Marriage whom this deponent can now remember and who are now living in this Country are Jacob Miller Esquire of the now town of Southport in the said County of Chemung who is the brother of this deponent, and Mary Fitzsimmons of the same place, who is the wife of John Fitzsimmons, the brother of the said Thomas Fitzsimmons deceased.
That the said Thomas Fitzsimmons and this deponent his wife continued to reside in the said County of Tioga (now Chemung) for about three years, from thence they removed to the town of Ulayne in the County of Steuben, where they resided some ten years, from thence they removed to the town of Starkey in the County of Yates, where they resided some ten or twelve years, and from that

place, they removed to the said County of Alle gany where they continued to reside until the death of the said Thomas Fitzsimmons, which took place on the twentieth day of January in the year One thousand eight hundred thirty six. and that this deponent has continued to reside there ever since -
That she always understood from her husband, and many others who knew him well, that he was a soldier during the Rev- olutionary War, and faithfully served out his time; But that owing to the great lapse of time, she cannot now recollect any one who would be personally ac- quainted with the extent, nature, and particulars of the services of her said husband during the said War but his brother John Fitzsimmons of Southport in the said County of Chemung, to whose affidavit she refers for such particulars.
And this deponent further says, that she has never been married since the death of her said husband, but is still his wid- ow, and is now poor and in very distress circumstances -
Subscribed & sworn This 4 th day of April AD 1846
in Susannah Fitzsimmons mark
Thos S Spalding Justice of the Peace of Chemung Co

At a County Court held at Elmira in the County of Chemung & State of New York on the 2 o June 1851.
Present
Hon A. S. Thurston County Judge
On the 2 o June 1851 personally appeared in open Court Susannah Fitz Simmins of Allegany County in said State aged twenty three years & upwards who being duly sworn according to law doth on her oath make the following declaration in order to obtain the benefit of the various pension acts for the benefit of the widows of Revolutionary soldiers heretofore passed:
That she is the widow of Thomas Fitz Simmins who was a soldier in the war of the Revolution, in the County of Northumberland Pennsylvania, who served as a Ranger in the Company of Rangers commanded by Major Robert Smith by Capt. John Nelson, Lieut. Simon Hinrad in the Battalion of Rangers under command of Maj. Robert Smith in the year 1780 & 1781; the said Company having been out by classes three days each out of nine, or one third of the time from about the first day of March to the middle of December in each year - making over six months service in the two years - She refers to the affidavit of John Fitz Simmins a brother of her said husband hereto annexed. who with his brother William was in the same service, both of whom were pensioners of the United States, the said John Fitz Simmins at the rate of Eighty dollars per annum under the act of June 7. 1832 - That she was married to the said Thomas Fitz Simmins, in the month of June seventeen hundred ninety three (1793) by Sebeus Hammond Esq. a Justice of the peace of Tioga County N.Y. The said husband died on the 20 th January 1836 in the County of Allegany N.Y. that her name before marriage was Susannah Miller - That she was not married to the said Thomas Fitz Simmins before the expiration of his term of service, but previous

to the first day of January 1794. To wit, at the time above mentioned - and that she still remains the widow of the said Thomas Fitzsimmons - sworn In open Court before me the 2 nd June 1851. } Susannah X Fitzsimmons Asst S. Thurston } Chancery Court Judge of Chamming County -
I certify the above to be the original proceedings of the said Court in the application of Susannah Fitz Simmons for a pension
Witness my hand & Seal of Office the 25 th day of June 1851 -
A. P. Babcock Clerk

23410
In the Matter of the Application of Thomas Fitzsimmons for a Pension Declaration -
Done -

State of New York Allegany County ss
On this 21 st day of October in the year of our Lord one thousand eight hundred and thirty two, personally appeared in open court, before the Judges of the court of Common Pleas of the said County of Allegany now sitting, Thomas Fitzsimmons, a resident of the Town of Scio — in the said County of Allegany, aged 67 years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the act of Congress passed June 7 th 1832 —
That he entered the service of the United States under the following named officers, and served as herein stated. Viz —
That in the year 1778, he was hired by Captain Leonard who commanded fort Bosley, which was situated about thirty miles from Northumberland in the State of Pennsylvania, to go into the service, and was employed in driving pack horses, employed in conveying provisions to the said fort, from the town of Northumberland — He thinks that he was engaged in this service about five months — but he cannot state particularly — that Captain Leonard was an officer in the regular Army —
That sometime about the month of

June in the following year, he was called out into the service to guard the country against the incursions of the Indians - that he was in the company of Captain William Morrow, in the regiment of Colonel James Morrow - and was stationed most of the time in the said County of Northumberland - And that he continued in the service until about the first of October following, when he was dismissed by the Captain and returned home -
That in the year 1780 he was called out into the service about the same time as in the year preceding, and served under the same officers, in guarding the inhabitants from the attacks of the Indians, and continued in the service about the same length of time, making about four months in this year -
That in the year following he was again called out into the service about the first of June, under the same officers, and was engaged in the same service as in the year preceding, and was in the service about the same length of time, making four months in this year - he was repeatedly out for a short period at each time, when alarms were made of the Indians advancing into the country -

That he furnished his own clothing and a part of his provision, and he never received any pay for his services -
He was born in the county of Chester in the State of Pennsylvania in the year 1765 -
He has no records of his age -
When he first went into the service he lived in the said county of Northumberland, and continued to reside there most of the time until after the war - And that he afterwards lived at various places in the State of New York - until ten years ago when he removed to the said Town of Leis in the county of Allegany where he now resides -
He never received a written discharge -
He has no documentary evidence, and he knows of no person, whose testimony he can procure who can testify to his services -
He hereby relinquishes every claim whatever to a pension or annuity except the present and declares that his name is not on the pension roll of the Agency of any State -
Sworn to & subscribed } the day & year aforesaid }
Thomas his X Gilymonds mark
J W Shennan CLK

We Jonathan Poste a Clergyman residing in the Town of Allen  Lebanon in the said County of Allegany and John Sloyed residing in the Town of Angelica in the said County hereby certify, that we are well acquainted with Thomas Fitzsimmons, who has subscribed and sworn to the above declaration, that we believe him to be 67 years of age, that he is reputed and believed in the neighborhood where he resides to have been a Soldier of the revolution, and that we concur in that opinion -
Sworn & subscribed the day & year aforesaid J. M. Mennem C.O.
Thomas by Fitzsimmons
mark Jonathan Poste John Sloyed
And the said Court do hereby declare their opinion after the investigation of the matter & and after putting the interrogatories prescribed by the War department, that the above named applicant was a revolutionary soldier and served as he stated - and the Court further certifies that it appears to them that Jonathan Poste who has signed the preceding certificate is a Clergyman resident in in the said Town of Allen  Lebanon , and that John Sloyed who has also signed the same, is a resident in the said Town of Angelica, a credible person, and that their statement is entitled to credit -
John Griffin } Judges of the Asa S. Huse } Court of Josiah N. the } Committee

4 I Jason W Chenman Clerk of the Court of Common Pleas of the said County of Allegany do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of Thomas Fitzsummons for a Pension -
In testimony whereof I have hereunto set my hand and seal of office this 31 st day of October A.D. 1832 -
J W Chenman

Then at Fulgimone Allegany Co. N York
23 4 10
X
too young

WAR DEPARTMENT,
Pension Office,
183
Sir:
The evidence in support of your claim, under the act of June 7, 1832, has been examined, and the papers are herewith returned. The following is a statement of your case in a tabular form. On comparing these papers with the following rules, and the subjoined notes, you will readily perceive that objections exist, which must be removed, before a pension can be allowed. The notes and the regulations will shew what is necessary to be done. These points to which your attention is more particularly directed, you will find marked in the margin with a brace, (thus: { ). You will, when you return your papers to this Department, send this printed letter with them; and you will, by complying with this request, greatly facilitate the investigation of your claim.
A Statement, shewing the Service of Thomas Fitzsimmons
   Period when the service was rendered. Duration of the claimant's service Rank of the claimant. Names and Rank of the Company officers under whom he served. Names and Rank of the General and Field officers. Battles in which the applicant was engaged. Country through which he marched. Place of abode when he entered the service, and age at the present period Evidence by which the declaration is supported.   Years. Months. Days.     x 1778 abt 5 Capt Leonard Morrison Fort Boyley 67 years North Fracture of a leg by a   June 1779 admitted in October Private Capt Morrison Guarding the Delaware between Northumberland Penns y Northumberland Penns y   1780 abt 4 " Same officers Same service   1781 abt 4 " Same officers Same service  
x Employed in driving Pack Team, respectfully, Horse & carrying provisions. etc
Your obedient servant,
J. L. EDWARDS, Commissioner of Pensions.

REGULATIONS UNDER THE ACT OF JUNE 7, 1832.
The following regulations have been adopted:
This law has been construed to extend, as well to the line, as to every branch of the Staff of the Army, and to include under the terms "Continental Line," "State troops," "militia," and "volunteers," all persons enlisted, drafted, or who volunteered and who were bound to military service, but not those who were occasionally employed with the army upon civil contracts, such as Clerks to Commissaries and to Store Keepers, &c. Teamsters, Boatmen, &c. Persons who served on board of Private Armed Vessels are also excluded from the benefits of the law, as well as persons who turned out as patrols, or were engaged in guarding particular places at night, and were not recognized as being in actual military service.
Four general classes of cases are embraced in this law:
1. The Regular Troops. 2. The State Troops, Militia, and Volunteers. 3. Persons employed in the Naval service. 4. Indian Spies.
As rolls of the regular troops in the Revolutionary War exist in this Department, all persons, claiming the benefit of this law as officers, non-commissioned officers, musicians or privates, will in the first instance, make application by transmitting the following declaration, which will be made before a Court of Record of the County where such applicant resides. And every Court having by law a seal and Clerk is considered a Court of Record.
DECLARATION,
In order to obtain the benefit of the Act of Congress of the 7th of June, 1832.
State, Territory, or District of } ss. County of }
On this _____ day of _____ personally appeared (a) before A. B. a resident (b) of _____ in the county of _____ and State, Territory or District of _____ aged (c) _____ years, who being first duly sworn, according to law, doth on his oath make the following declaration, in order to obtain the benefit of the provision made by the act of Congress, passed June 7th, 1832. That he enlisted in the Army of the United States in the year (d) _____, with _____ and served in the _____ (e) regiment of the _____ line, under the following named officers:
[Here set forth the names and rank of the Field and Company Officers; the time he left the service; (and if he served under more than one term of enlistment, he must specify the particular period, and rank and names of his officers;) the town or county and State in which he resided when he entered the service; the battles, if any, in which he was engaged, and the country through which he marched. This form is to be varied so as to apply to the cases of officers and persons who belonged to the militia, volunteers, navy, &c.]
He hereby relinquishes every claim (f) whatever to a pension or an annuity, except the present, and he declares that his name is not on the Pension Roll of any Agency in any State, or (if any) only on that of the Agency in the State of _____
Sworn to and subscribed the day and year aforesaid.
A. B.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion (g) that the above named applicant was a revolutionary soldier, and served as he states.
I _____ of the Court of do hereby certify (h) that the foregoing contains the original proceedings of the said Court in the matter of the application of _____ for a pension.
In testimony whereof I have hereunto set my hand and seal of office (i) this day of _____ &c.
 If, on examination of the proper record the names of applicants, making such declaration, cannot be found, they will produce such proof as the rule given in note (j) points out. 
Every applicant who claims a pension by virtue of service in the State Troops, Volunteers or Militia, except those who belonged to the New Hampshire Militia and State Troops of Virginia, will make and subscribe a declaration similar to the foregoing, with the following additions, viz:
(k) We, A. B., a Clergyman, residing in the _____ and C. D. residing in (the same) _____ hereby certify, that we are well acquainted with _____, who has subscribed and sworn to the above declaration; that we believe him to be _____ years of age; that he is reputed and believed, in the neighborhood where he resides, to have been a soldier of the Revolution, and that we concur in that opinion.
Sworn and subscribed the day and year aforesaid.
[And then will follow the certificate of the Court.]
And the said Court do hereby declare their opinion, after the investigation of the matter, and after putting the interrogatories prescribed by the War Department, that the above named applicant was a Revolutionary Soldier, and served as he states. And the Court further certifies, that it appears to them that A. B.
who has signed the preceding certificate is a clergyman, resident in the and that C. D., who has also signed the same is a resident in the and is a credible person, and that their statement is entitled to credit.
I, _____ Clerk of the Court of _____ do hereby certify that the foregoing contains the original proceedings of the said Court, in the matter of the application of _____ for a pension.
In testimony whereof, I have hereunto set my hand and seal of office, this                      day of                      &c.
Every applicant will produce the best proof in his power. This is the original discharge or commission; but if neither of these can be obtained, the party will so state under oath, and will then procure, if possible, the testimony of at least one credible witness, stating in detail his personal knowledge of the services of the applicant, and such circumstances connected therewith, as may have a tendency to throw light upon the transaction.
If such surviving witness cannot be found, the applicant will so state in his declaration (1) and he will also, whether he produce such evidence or not, proceed to relate all the material facts, which can be useful in the investigation of his claim, and in the comparison of his narrative with the events of the period of his alleged service, as they are known at the Department. A very full account of the services of each person

will be indispensable to a favorable action upon his case. The facts stated will afford one of the principal means of corroborating the declaration of the applicant, if true, or of detecting the imposition, if one be attempted; and unless, therefore, these are amply and clearly set forth, no favorable decision can be expected. All applicants will appear before some Court of Record in the County, in which they reside, and there subscribe and be sworn to, one of the declarations above provided, according to the nature of his case.
The Court will propound the following ( m ) interrogatories to all applicants for a pension, on account of service in the Militia, State troops, or Volunteers, except the Militia of New Hampshire and the State troops of Virginia.
 1. Where and in what year were you born?  2. Have you any record of your age, and if so, where is it?  3. Where were you living when called into service; where have you lived since the Revolutionary war, and where do you now live?  4. How were you called into service; were you drafted, did you volunteer, or were you a substitute? And if a substitute, for whom?  5. State the names of some of the Regular Officers, who were with the troops, where you served; such Continental and Militia Regiments as you can recollect, and the general circumstances of your services.  6. { To a Soldier. { Did you ever receive a discharge from the service, and if so, by whom was it given and what has become of it? { To an Officer. { Did you ever receive a commission, and if so, by whom was it signed, and what has become of it? 
 7. State the names of persons to whom you are known in your present neighborhood, and who can testify as to your character for veracity, and their belief of your services as a soldier of the Revolution. 
The Court will see that the answers to these questions are embodied in the declaration, and they are requested to annex their opinions of the truth of the statement of the applicant.
The applicant will further produce in Court, if the same can be done, in the opinion of the Court, without too much expense and inconvenience to him, two respectable persons - one of whom should be the nearest clergyman, if one lives in the immediate vicinity of such applicant, who can testify, from their acquaintance with him, that they believe he is of the age he represents, and that he is reputed and believed in the neighborhood to have been a Revolutionary soldier, and that they concur in that opinion. If one of these persons is a Clergyman, the Court will so certify, and they will also certify, to the character and standing of other persons, giving such certificates.
The traditional evidence of service is deemed very important, in the absence of any direct proof, except the declaration of the party. And the Courts are requested to be very particular in the enquiry whether the belief is general, and whether any doubts have ever existed upon the subject.
Applicants unable to appear in Court by reason of bodily infirmity, may make the declaration before required, and submit to the examination, before a Judge or Justice of a Court of Record of the proper county, and the Judge or Justice will execute the duties, which the Court is herein requested to perform, and will also certify that the applicant cannot, from bodily infirmity, attend the Court.
Whenever any official act is required to be done by a Judge or Justice of a Court of Record, or by a Justice of the peace, the certificate of the Secretary of State or Territory, or of the proper Clerk of the Court or County, under his seal of office, will be annexed, stating that such person is a Judge or Justice of a Court of Record, or a Justice of the Peace, and that the signature annexed is his genuine signature.
No payments can be made on account of the services of any person, who may have died before the taking effect of the act of June 7, 1832; and in case of death subsequent thereto, and before the declaration herein required is made, the parties interested will transmit such evidence as they can procure, taken and authenticated before a Court of Record, showing the services of the deceased, the period of his death, the opinion of the neighborhood respecting such services, the title of the claimant, and the opinion of the Court upon the whole matter.
[a] The declarant must appear in open Court, unless prevented from doing so by reason of bodily infirmity; in which case the declarant will follow the rule laid down for his guidance.
[b] The declarant must make his declaration in the county where he resides. If he should fail to do so, he must assign a sufficient reason for not conforming to the rule.
[c] The age of the claimant must invariably be mentioned.
[d] The declarant must mention the period or periods of the war when he served.
[e] Every continental officer or soldier must give the name of the Colonel under whom he served; otherwise a satisfactory examination of the claim cannot be had. Every claimant must state, with precision, the length of his service, and the different grades in which he served, in language so definite as to enable the Department to determine to what amount of pension he is entitled. In a case where the applicant cannot, by reason of the loss of memory, state precisely how long he served, he should amend his declaration by making an affidavit in the following words:
"Personally appeared before me, the undersigned, a Justice of the Peace, &c. A. B. who, being duly sworn, deposeth and saith, that, by reason of old age, and the consequent loss of memory, he cannot swear positively as to the precise length of his service; but, according to the best of his recollection, he served not less than the periods mentioned below, and in the following grades:—For _____ year _____ months, and _____ days, I served as a _____. For _____ months and _____ days, I served as a _____; and for such service I claim a pension."
It is important, in all cases, to determine with precision the period for which each applicant served, and the particular rank he held, as the law directs the pension to be paid according to the grade of the pensioner and the length of his service. The use of the phrase about three or four months , or about two years , and all such qualifying expressions are objectionable. Some persons who apply for pensions merely state that they served two years in the militia, &c. without specifying the tours, the names of the officers, and other particulars respecting their service. This form of a declaration is highly objectionable. It must, in every case, be clearly shown under what officers the applicant served; the duration of each term of engagement; the particular place or places where the service was performed; that the applicant served with an embodied corps called into service by competent authority; that he was either in the field or in garrison; and for the time during which the service was performed, he was not employed in any civil pursuit.
[f] The law makes the relinquishment indispensable.
[g] The opinion of the Court is always required.
[h] The Clerk must give his certificate in every case.
[i] The Clerk must affix his seal, and if it has no device or inscription by which it can be distinguished from any other seal, or if he has no public seal of office, the certificate of a Member of Congress, proving the official character and signature of the certifying officer, should accompany the papers.
Mode of authenticating papers.
In every instance where the certificate of the certifying officer who authenticates the papers is not written on the same sheet of paper which contains the affidavit, or other papers authenticated, the certificate must be attached thereto by a piece of tape or narrow ribbon, the ends of which must pass under the seal of office of the certifying officer, so as to prevent any paper from being improperly attached to the certificate.
Proof of Service.
[j] In a case where the name of the applicant is not found on the records of the Department, he must prove his service by two credible witnesses, who are required to set forth in their affidavits the time of the claimant's entering the service, and the time and manner of his leaving the same, as well as the regiment, company, and line to which he belonged. The magistrate who may administer the oaths must certify to the credibility of the witnesses, and the official character and signature of the magistrate must be certified by the proper officer, under his seal of office.
[k] The notes from [a] to [i] are all equally applicable to the cases of Militia men, Volunteers and State Troops. The proof required by rule in note [j] applies to continental troops only.
[l] This traditional evidence is indispensable in militia cases.
[m] If a witness cannot be found, the declarant must state the fact.
[n] The answers to the interrogatories must all be written, and sent to the War Department, with the declaration.

November 10, 1933
XXXXXXXXXXXXXXXXXXXX
Dr. Wilber E. Bailey 419 South Capitol Avenue Lansing, Michigan
Thomas Fitzsimmons R. 3589 *****
William Fitzsimmons S. 22770 *****
Dear Sir:
. BA-J/MLB
Reference is made to your letter in which you request the Revolutionary War records of James Fitzsimmons, Robert, Thomas and William Fitzsimmons.
Revolutionary War data furnished by this office are obtained from claims for pension and bounty land made to the United States based upon military service of soldiers in that war.
A careful search of the records fails to show such claims on file on account of the Revolutionary War service of a James or Robert Fitzsimmons (under any spelling of the surname).
You are furnished herein the records of Thomas and William Fitzsimmons, as found in claims for pension based upon their service in the War of the Revolution. There is no charge for furnishing this information.
THOMAS FITZSIMMONS
R. 3589
Thomas Fitzsimmons (the name also shown as Fitzsimons and Fitzsimmins) was born in 1765 in Chester County, Pennsylvania; the names of his parents are not stated.
The soldier resided in Northumberland County, Pennsylvania, until after the Revolutionary War, then moved to the State of New York, where he lived in Tioga (which was later Chemung) County, for about three or four years; from thence to Wayne, Steuben County, New York, where he lived "some ten years", from thence to Starkey, Yates County, New York, where he lived for ten or twelve years, and from that place he moved to Allegany County, New York.

Thomas Fitzsimmons applied for pension October 31, 1832, while a resident of the town of Scio in Allegany County, New York.
He alleged that while living in Northumberland County, Pennsylvania, he was hired in 1778 by Captain Leonard who commanded Fort Bosley, situated about thirty miles from Northumberland, Pennsylvania, and that he served about five months as a private under him in the Pennsylvania troops, employed in driving pack horses and conveying provisions from Northumberland to the fort; that sometime about the month of June, of the following year, he enlisted and served as private in Captain William Morrow's company, Colonel James Morrow's Pennsylvania regiment, was engaged in guarding the country against attacks by the Indians and that he was discharged about the first of October, following; that he also served tours of about four months each in the years 1780 and 1781, as private in Captain William Morrow's company, Colonel James Morrow's Pennsylvania regiment, also engaged in guarding the country against attacks from the Indians; it was stated further, that during those years he served also under Captain John Nielson and Major Robert Smith.
His claim was not allowed as he failed to furnish proof of service as required by the pension law.
He died in Allegany County, New York, January 20 or 21, 1836 (both dates given by soldier's widow).
Thomas Fitzsimmons married June 21, 1793, in Newtown (later Elmira) in Tioga (which was later Chemung) County, New York, Susannah Miller born July 1, 1777, who was the daughter of Abraham Miller, of Elmira, New York, at whose house they were married; at the time of their marriage they were both residents of Chemung County, New York.
In 1846, soldier's widow, Susannah, was a resident of Scio, Allegany County, New York; she was still living there in 1852.
In 1846, soldier's brother, John Fitzsimmons, born March 15, 1761, and his wife, Mary, were living in Southport, Chemung County, New York. He was still living there in 1849 and stated that in 1773 his father and family were residing on a farm in Turbot Township about eight miles from Northumberland, Pennsylvania, and continued to live there until after the Revolutionary War, also that during the war he and his four brothers - James, William, Robert and Thomas all enlisted and served for various periods of time, and that all of them had since died except his elder brother, William, then "aged ninety-five years and upwards" and

residing in Muncy, Pennsylvania. William Fitzsimmons died in March, 1850.
In 1852, the name of one Batman Fitzsimmons appeared in the claim as a witness, but his relationship to soldier's family was not stated.
In 1846, Jacob Miller, "aged eighty years and upwards", brother of soldier's wife, Susannah, was living in Southport, Chemung County, New York. He was still living in Chemung County, New York, in 1853.
*****
WILLIAM FITZSIMMONS S. 22770
William Fitzsimmons, son of John, was born March 10, 1754, in Chester County, Pennsylvania; the name of his mother was not stated. About May, 1772, he accompanied his father and family from said Chester County, to Chillisquaque Creek, Northumberland County, Pennsylvania.
While residing on Chillisquaque Creek in Northumberland County, Pennsylvania, he volunteered in December, 1776, served as a private in Captain Cookson Long's company, Colonel James Potter's Pennsylvania regiment, was in a skirmish on January 1, 1777, at Reading, Pennsylvania, in which some Tories were captured and carried as prisoners to Morristown, New Jersey, and was in an engagement at Piscataway in New Jersey. Soldier's father accompanied the company and drove his own team and wagon as a baggage wagon, and while serving in that capacity in New Jersey, his son, William, was taken sick and was detailed to drive the wagon of his father who took his place in the line and was badly wounded and had to be taken home by his son, William. William Fitzsimmons enlisted about May, 1778, served as private in Captains James McMahon, John Nielson's and John Chatham's Pennsylvania companies, was engaged in guarding the country against attacks from the Indians, and being a single man served a part of this tour as a substitute for his brother-in-law, Neil Davis, length of tour about four months. He enlisted in the spring of 1779, served as private in Captains Mark Huling's and John Morrison's Pennsylvania companies, and was in General Sullivan's Indian Expedition; during this period he was detailed to guard and assist in "boating up" provisions from Northumberland to Wilkes-Barre, thence to Newtown in New York; at the latter place he guarded military stores and provisions,

and after serving five months ten days he returned to his home in Northumberland County, Pennsylvania. He enlisted in March or April, 1780, and served on short tours until late in the fall, amounting to about four months in all, as a private under Captain John Nielson and Major Smith, in the Pennsylvania troops; he also served a similar tour of four months in 1781, as a private under the same officers and was engaged in guarding the frontiers against attacks by the Indians. He served two tours under Colonel Kelly against the Indians, one up the North Branch of the Susquehanna near Berwick, the other up the West Branch of the same river to Muncy Hills; length of this service not stated.
The soldier continued to reside in Northumberland County, Pennsylvania, until about 1823 when he moved into Lycoming County (which was formerly a part of Northumberland County), Pennsylvania.
William Fitzsimmons was allowed pension on his application executed February 14, 1833, at which time he was a resident of Clinton Township, Lycoming County, Pennsylvania, where he lived with his nephews, Thomas and Joseph Davis, children of soldier's brother-in-law, Neil Davis (the name of their mother not stated); in 1849 he was still living in that place.
It is not stated whether the soldier ever married.
In 1849, John Fitzsimmons, "aged eighty years and upwards", a younger brother of the soldier, William Fitzsimmons, was living in Southport, Chemung County, New York.
Very truly yours
A. D. HILLER Assistant to Administrator

1933 Nov. 10 - Hist to Wheeler E. Dailey (See ltr in Clu. P. 22770 of William Fitzsimmons)
MLB
Acts of July 14, 1862, and March 3, 1873.
REJECTED
5089
P. O.
Susannah Fitz-Simmons
Service:
widow of Thomas
Enlisted: _____, 18 .
Discharged: _____, 18 .
Application filed: _____, 18 .
Alleges: _____ _____
Re-enlisted: _____ _____
Attorney: _____
P. O. _____ _____
_____ Recognized. _____ Contract.
_____ Cert. of Dis. Searched for _____, 18 .

Thomas Fitzsimmons New York Act June 7. 1832
3590

N o 14.404.
Susannah Fitz-Simmins widow of Thomas
N. Y.
Act of July 7 th 1838
In the Municipal Court of the City of New York Rev copy of strata chuf.
3589

Printed List of Rejected + Suspended Claims, 1852, of show cause of suspension "He was too young for military service."

Acts of July 14, 1862, and March 3, 1873.
3590
REJECTED
P. O.
Thomas Fitzsimmons
Service:
Consolidated June 14-1882 with the widow Susannah Fitzsimmons
Enlisted: rej d Files 3589 - Although 18
Discharged: the military officers given by widow 18
are not the same as stated by soldier yet; residence is exactly the same of both
Application filed: by the widow filed in 18
power of Atty after his death to prosecute his claim - The service of doubtful nature
Alleges: neither might be that mistaken in the names of officers who when with the
"Claps" service on guard at the Comm'd
Re-enlisted: was chargeable to Norther
(over)

J. J. Chipew
B. Fitzsimmons Friendship N.Y.

Chemung County ss
Jacob Miller of Said County being duly sworn deposes and says that he was personally acquainted with Thomas Fitzsimmons and Susannah Miller that he was present and saw the said Thomas Fitzsimmons and Susan- nah Miller lawfully married, that said marriage took place at the town of Chemung in the County of Tioga and State of New York on or about the 21 st day of June 1793 by Lebeus Hammond Esquire a justice of the Peace Subscribed and sworn this
28 th day of March 1853 before me
Henry Potter justice of the Peace of said County
Jacob Miller
I do hereby certify that I am not interested in said Pension claim and that Jacob Miller is a credi- ble witness
Henry Potter J. P.
Chemung County Clerks Office ss.
I certify that Henry Potter Esq. above named before whom the foregoing Affidavit was taken, was at the time of taking the same an acting Justice of the Peace in and for said County, duly qualified and authorized to take the same.

And that his signature above written is genuine.
In Testimony Whereof I have hereunto set my hand and affixed the seal of Said County at Elvina this 1 st day of April. 1853.
W. A. Babcock, Clerk. Chemung County.

Susannah Fitzsimons widow of Thos Fitzsimons Declaration to obtain a pension -
The Maxwell agent Elmira Ny

Chemung County to Jacob Miller of Southport in said county being duly sworn says that his age is Eighty years upwards: that he was present at the marriage of Thomas Fitzsimins & Susannah Miller (now the widow of the said Thomas both named in the foregoing paper) The said Susannah was a sister of the deponent. The said marriage was solemnized by Debeus Hammond Esq then a magistrate of the County of Tioga (now Chemung) acting as such, in the month of June Seventeen hundred ninety three The said Thomas Fitzsimins died some fifteen years since & the said Susannah still remains his widow.
Sworn & subscribed } The word three in 10 th line partly erased the 5 th June 1857 }
Jacob Miller
Henry Potter justice of the Peace in and for said County
State of New York Chemung
County clerk's office }
I certify that Henry Potter Esq was at the date of the above affidavit a justice of the peace of said County duly qualified & that his signature above subscribed is genuine.
That Thomas S. Spalding before whom the above affidavit of Susannah Fitzsimins was made was at the date thereof a justice of said County duly qualified. & John W. Wrona Esq before whom the affidavits of John Fitzsimins & the said Susannah Fitzsimins were made was at the several dates thereof County Judge of said County duly qualified & that their several signatures above subscribed are genuine.
Witness my hand & Seal of office the 25 th day of June 1857
A. P. Babcock, Clerk

Elmira NY. June 25 1851
Hon. J. E. Heath
Sir
I enclose the declaration of Susannah Fitzsimins widow of Thomas Fitzsimins who was a private in the company of Rangers in Northumberland Co Penn in 1780 & 1781. The proof is the affidavit of John Fitzsimins who was in the same company and is a pensioner for that service on the NY Pension Roll Act of 1832 at $80 p year. in Tioga Co NY (now Chemung) I have procured a copy of a return of Capt. Nelson's company in 1778 recognizing his name as commandant of a company under Col Samuel Hunter -
Yours Respectfully Th s Maxwell

Susannah Fitzsimons
additional proof

Elmira June 26 1857
Hon J. C. Heath Sir
Yesterday I forwarded the declaration of Susannah Fitzsimons the widow of Thomas Fitzsimons, a Ranger in Capt. Nelson's company of Rangers in Northumberland Co. Pa. in 1780 & 1781.
It was accompanied by the afft. of John Fitzsimons a pensioner of the U.S. on the N. Y. roll (Troy Co.) stating that himself, Wm Fitzsimons & another brother served in the said company. That his brother Wm. was an aged man & his memory much impaired - He died in March 1850. I have just recd his Pension certificate which sustains the afft & now enclose it that it may be filed with the papers already forwarded -
Yours &
Th. Haskell

H. C. Hossler, Esq. Washington City, D. C. Agent for Pensions, &c

Power of attorney copy of Thomas Fitzsimmons Pennsylvania or New York
Oct 15 - 52
By E. Harker Present

POWER OF ATTORNEY
For ascertaining whether any increase or arrears of Pension are due the Widow or heirs of Revolutionary Pensioners, &c.*
STATE OF New York } COUNTY OF Albany }
Be it known that before me
Samuel Sherman a Justice of the peace personally appeared Susannah Fitzsimmons aged 75 years, who being duly cautioned and then sworn in due form of law, states that she is the widow of Thomas Fitzsimmons who was a revolutionary† soldier in the State of Pennsylvania , and that he died on the twenty fifth day of January 18 36 and that his mother, named Mary died on the 10th day of June 18 40 and that they were married on the 21 day of June in the year 17 93 and that they were residents of Chenango in the State of New York and that they resided there 40 years, and that she resides in Albany County, New York and that furthermore she BY THESE PRESENTS , constitutes, appoints, and fully empowers and authorizes, irrevocably and with powers of substitution, F. E. HASSLER, of Washington city, D. C., as her true and lawful Attorney for her and in her name and stead, to examine into, to prosecute, to demand, and to receive from the U. S. Government and State officers her rights in all and in any manner of claim for increase or arrears of Pension or Land that may be due her as the widow of Thomas Fitzsimmons who died leaving the same undrawn, as in right of law she may be entitled.
In witness whereof, she has on this twenty seventh day of September 1852, hereunto signed her name, and affixed her seal.
Susannah Fitzsimmons 
Witness: Susannah Fitzsimmons } Witness: Samuel Sherman }
Signed, sealed, acknowledged, and sworn to before me; and I further certify, that she has always by the community been known as the widow of Thomas Fitzsimmons
Dated on this twenty seventh day of September 1852.
Samuel Sherman J. P.
State of New York } to wit: COUNTY OF Albany }
I hereby certify, That Samuel Sherman Esq., before whom the foregoing affidavits and acknowledgment were made, and who has thereunto subscribed his name, was at the time of so doing, a Justice of the Peace in and for the County aforesaid, duly commissioned and sworn, and that his signature above written is genuine.
In testimony whereof, I have hereunto set my hand, and affixed the seal of the Albany County Court, this 29th day of September one thousand eight hundred and 52 .
John J. Rockefeller Clerk.
* If a Widow applies, state "the date of marriage, and date of death of her husband." † State under what act pensioned, or when pension commenced, if a pensioner—and amount of pension.

No. 14.404 Rev. Mr.
Susannah FitzSimons widow of Thomas FitzSimons
Declaration
N. Y. Rev. Mr.
Act 7 Aug 1838
St. Mark's Church Elmira NY

Return of the Second Battalion of Northumberland Militia Commanded by Colonel James Murry, Esq. 1 st May 1878.
   Captains Lieutenants Ensigns Drummers & file Rank Total     Captain Thomas Gaskins Company 1 2 1 53 61   Captain John Nelsons Company 1 2 1 52 60  
I do hereby certify the above Returns to be just and true as delivered me by the above captains.
Sam l . Hunter Lieut l .
Secretarys Office
Pennsylvania S.S.
I do hereby certify that the above is a true and correct copy and extract taken from the original return entitled as above set forth, as the same remains on file, in this office. Witness my hand and the Seal of the Secretarys Office at Harrisburg this Twentieth day of June A.D. one thousand eight hundred and fifty-one.
A. M. Barrick
Secretary of the Comm tee .

In Continental Congress. Friday Aug 23. 1776 vol 1 Journals p 453
Resolved that Six companies on the Continental Establishment be raised in Pennsylvania & posted along the frontiers of the Counties of Northumberland & parts adjacent till further orders of Congress: That suitable persons be recommended to Congress by the Convention of Pennsylvania for the Col & Major to command the said forces & that the said Convention appoint the Capts & Subalterns.
That the pay of the men to be raised as aforesaid commence when they are armed & mustered, & that they be liable to serve in any part of the United States, when ordered by Congress.
That the said troops be enlisted to serve during the war unless sooner discharged by Congress.
In Congress Feb 25. 1779. Vol 3 Journals p 212
Resolved that 5 companies of Rangers be immediately raised on the western frontiers of Penn a to protect the same & annoy the enemy: each Company to consist of a Capt & 2 lieuts, 4 Sergeants, 4 Corporals, a drummer, fifer & 60 privates. & that one Paymaster & one Dep. Commissary of Musters be appt d for the whole of said Corps. The Supreme Executive Council of Penn a were authorised to appt the officers &c.
To be raised & enlisted for 9 months unless sooner discharged
In Congress June 8. 1778 Vol 2 Journals Congress p 581
Resolved that one company of foot be raised in the County of Northumberland in the State of Penn a for its immediate defence but not to be marched from the frontier without their consent. To continue in service 6 mos unless sooner discharged by Congress.
See other regulations same page.

State of New York Chenango County ss
Susannah Fitzsimmons the person named in the foregoing affidavit being sworn says that the said affidavit so made by her on the 4 th April 1846 before J. Spalding Esq. is in all respects true the same having been read to her this day. That she still con- tinues the widow of the said Thomas Fitz Simmons having never married since her death.
Sworn before me August 11. 1846.
Susannah X Fitzsimmons
John W. Wescner Chenango County Judge
State of New York Chenango County Clerk's Office
I A. H. Babcock Clerk of said County do certify that Thos. S. Spalding Esq. before whom the above affidavit of Susannah Fitz Simmons was at the date thereof a Justice of the peace of said County duly qualified & that his signature above subscribed is genuine. I also certify that John W. Wescner before whom the above affidavit of Susannah Fitzsimmons & the annexed affidavit of John Fitzsimmons was made was when the same bear date the County Judge of said County & that his several signatures subscribed to said affidavits are genuine. Witness my hand & Seal of office the day of June 1857.
see certificate at close of papers

C O P Y
Pension Office
October 17, 1851
T. Maxwell, Esq.,
Elmira, New York
Sir:
The declaration of Susannah Fitzsimmons, widow of Thomas, has been received. It appears that her husband lived till 1836 without asserting any claim and that she has slumbered over her own demand from 1838 when the law under which she applies was passed, till the present time. Such delay of itself raises a strong presumption against the correctness of the demand. Nor is this presumption rebutted by evidence of much weight. John Fitzsimmons, the only witness as to service is now ninety years of age and his memory may well be supposed to be impaired. In his own declaration he claims in 1780 and 1781 to have left the Ranger service and have been under the command of Colonel Wittner. If so he could know nothing personally of the service of his brother, Thomas. This declaration was made in 1832 in which he swears that he can produce his service by only two persons, not naming Thomas, though the latter was residing not far from him. In this case strict proof will be required of the number of tours performed, their commencement and termination and names of officers. Vague assertions that he in the opinion of the witness served at least six months avail nothing.
The date of the marriage is not satisfactorily proved. If no record can be found relating to it, the recollections of the witnesses must be sustained by referring to some written memorandum cotemporaneous with the event. W. Fitzsimmons' certificate is returned.
Very truly yours
J. W.